Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Jenni_D

Did you really say arrears? Or did you say erase?

Harvez63

Oh yes, I did put erase sorry 

Harvez63

I'm really worried about this now. Sorry to keep going on. I keep reviewing everything. 

On 26/07/2019 I gave BW legal my old address (current at the time). 
But on the 04/09/2019 I only notified Premier Park and told them to notify BW legal in not so many words. 

Coupon-mad

Stop worrying. As we've said, Premier Park had a duty under GDPR to inform their agents.

Johnersh

On 26/07/2019 I gave BW legal my old address (current at the time). 
But on the 04/09/2019 I only notified Premier Park and told them to notify BW legal in not so many words. 

So the claimant (the actual party who brings the claim) had prior knowledge of the correct address and permitted or were negligent as to whether it was used. Nothing changes the heart of the argument. They have simply tried to find an argument to counter your points. 

It's difficult for C to say they issued to a last known address when (a) they were informed and (b) the credit checks they say they undertook must've revealed multiple addresses.

If they're going to rely on those, then they better produce the complete documents at court. My guess is that a credit check for lots of renters reveals 2-3 addresses. I suspect they saw 2 addresses the same and pressed on, instead of asking what was the most recent address. Its not for nothing that they spend ages on these points at law school... 

Harvez63

puts my mind at rest that, I thought the fight was all but lost. 

I think I saw on someone else's thread they didn't even bother with a defence against the set a side, hopefully I get the same treatment

Harvez63

Received a letter yesterday just saying its being moved to my local court ... does this mean hopefully I'll get a date soon? 

Should I start working on my skeleton argument or do I wait to see what the C produce as a defence first? 

Coupon-mad

If this is an application to set aside, then the other side doesn't produce a defence.  They might well respond though.

Yes, start preparing for your hearing.  If there are any weeks when you are unavailable in the next 6 months I strongly suggest you email the local court to inform their hearings team of any dates you cannot make.

Jenni_D

I think you need to go back to post 1 of the template defence thread - the 12 numbered steps - to remind yourself of what happens when.

The Claimant doesn't file a defence
A skeleton is not often needed
Both parties need to file/serve Witness Statements
Your notice of allocation (which is probably what you've received) will likely tell you when your WS needs to be filed/served by - if it says 14 days before the hearing, but doesn't say when that hearing will be (check the letter carefully), then you'll need to wait for another notice that confirms the hearing date.

Harvez63

Thanks all and sorry for the slow reply.

There was no date, just notice of it being transferred to Southampton. I can do any date so thats fine. 

Is the witness statement I sent with the N244 the same I'd use at the hearing? or different? because I didn't attach the relevant case laws due to the size, but did make reference to them.